Need help enforcing FOS PPI Final Decision please! ** THEY PAID UP !!!!! ***

[pompeyfaith]

Re: Need help enforcing FOS PPI Final Decision please!

Nellie,

It is heart warming that you are now getting good advice on this subject complete with the civil procedure rules that apply to a situation like this.

I have subscribed to this thread and passed my thanks around as it will no doubt be useful to me too.

Good luck with this.

PF

[nelliewops]

Re: Need help enforcing FOS PPI Final Decision please!

Thanks PF - hopefully it won't come to that for you either, but knowing the history of your complaint I can't imagine the Co-op behaving very differently to Norton unfortunately...............

Your support and kind words are much appreciated as always
------------------------------- merged -------------------------------
Debtisbad - regarding your advice on a carefully worded, quite forceful letter - just how forceful exactly do you think it needs to be please?

Many thanks,

Nellie x

[Amethyst]

Re: Need help enforcing FOS PPI Final Decision please!

Cheers guys, not quite there yet. I'm going to give someone a call tomorrow and hopefully find out for definate, what I have put makes sense, but whether it is right or not I honestly don't know - yet.

Its very strange how there is NO information as to how to enforce a FOS decision through the courts.

[pompeyfaith]

Re: Need help enforcing FOS PPI Final Decision please!

Its very strange how there is NO information as to how to enforce a FOS decision through the courts.

Indeed it is just like FOS acceptance forms they expect you to sign without knowing what you are signing for

I believe the government has there fingers in the pie here.

PF

[debtisbad]

Re: Need help enforcing FOS PPI Final Decision please!

I would simply state in no uncertain terms that the SARS package states the PPI charges very clearly and that therefore there is no need for any delay in the DCA obtaining further information from the original creditor. Add the 8% interest using one of the calculators. and coppy them with the figures, include a photocopy of the statements in the SARS package showing the PPI charges. Then simply give 30 days notice for them to pay, otherwise you will be taking enforcement action through the courts (no need to specify what that it).

Personally, I would head up the letter "Notice before Action"' which is a term simply meaning that you are notifying them f your intent to take legal action if they do not confirm, but it's a matter of personal taste as to whether or not you would use such a heading.

Finally, i would tell them that if they do not pay in 30 days, you will report them, amongst others but not limited to, the appropriate regulatory bodies, local MP, etc.

[Amethyst]

Re: Need help enforcing FOS PPI Final Decision please!

http://www.bailii.org/ew/cases/EWHC/Ch/2007/1240.html
might help

This refers to a Part 8 claim for an injunction to enforce directions in the £100k case - Cahill v Timothy James & Partners Ltd

and discussed at length the powers of the ombudsman and the role of the courts in enforcement and judicial review


PART 8 CPR

(2) a claim for provisional damages which has been settled before the commencement of proceedings and the sole purpose of the claim is to obtain a consent judgment.




Sounds about right you think ?
http://www.hmcourts-service.gov.uk/c.../n208_1000.pdf is the form

[nelliewops]

Re: Need help enforcing FOS PPI Final Decision please!

Thank you Ame - I will take a look at that and see how I get on. For the moment I am sending off the 30 day 'last chance saloon' offer as recommended by debtisbad and will report back on any success or response.................

I did finally receive an email from the FOS yesterday - full of apologies for only just getting back to me regarding my last letter and previous email. They say they are investigating my concerns regarding Norton's non compliance and will get back to me.

[Amethyst]

Re: Need help enforcing FOS PPI Final Decision please!

Excellent, yes I think the FOS do manage to enforce most of their decisions with some pushing from the consumer, hence there being very very few cases taken to court. Those that have seem to be judicial reviews (the firms arguing against the FOS decision) rather than enforcment.

Keep us updated won't you. I am going to try write a guide to enforcing FOS decisions if it comes to it as a last resort.

[nelliewops]

Re: Need help enforcing FOS PPI Final Decision please!

Excellent, yes I think the FOS do manage to enforce most of their decisions with some pushing from the consumer, hence there being very very few cases taken to court. Those that have seem to be judicial reviews (the firms arguing against the FOS decision) rather than enforcment.

Keep us updated won't you. I am going to try write a guide to enforcing FOS decisions if it comes to it as a last resort.

Thanks Ame - Yes, of course I'll keep you in the loop - hopefully the FOS will be of further use after all, but your idea of a guide to enforcing their decisions would definitely be a worthwhile effort which will benefit others than merely myself as there must be cases where other consumers have fallen foul of this lack of action on the FOS behalf..............

[WendyB]

Re: Need help enforcing FOS PPI Final Decision please!

As the DCA say they need info from the original creditor, and you are in possession of that info already by way of your SAR, why don't you just point out to the DCA that you have it, send them a photocopy of it (obviously with your permisssion for them to use it), then they have no excuse. They will have the info that they allegedly can't get, so will be able to work it out etc eetc. Sort of cut out the middleman, cut the crap, and they won't have any excuses left??

[nelliewops]

Re: Need help enforcing FOS PPI Final Decision please!

As the DCA say they need info from the original creditor, and you are in possession of that info already by way of your SAR, why don't you just point out to the DCA that you have it, send them a photocopy of it (obviously with your permisssion for them to use it), then they have no excuse. They will have the info that they allegedly can't get, so will be able to work it out etc eetc. Sort of cut out the middleman, cut the crap, and they won't have any excuses left??

Hiya Wendy!

Thanks! Yes, that's what I'm going to do - although it's not a DCA that's holding this one up...........the loan was settled in full three years ago.

It's the broker who originally sold us the loan and PPI that is dragging this out - they are the ones the FOS has made their Final Decision against and it is the broker who is blaming the delay on the OC not passing the relevant info to them to enable them to calculate the settlement.

That's probably all the more reason why they are employing these delaying tactics - 'cos it's not like they are going to get any of the money paid back to themselves - we have the moral highground on this one....................in theory anyway!

Nellie x

[WendyB]

Re: Need help enforcing FOS PPI Final Decision please!

Well that's who I meant, the Broker! Just send them the info you've got then they won't have any excuse to fanny around any longer will they

[nelliewops]

Re: Need help enforcing FOS PPI Final Decision please!

Cheers Wendy - am going to get on with it over the weekend

[Bill-K]

Re: Need help enforcing FOS PPI Final Decision please!

I've been in email contact with Nellie, and we have a spreadsheet with 8% interest added. Now she has a thread here, I'll post here. Well done for digging out the enforcement info, Ame, and a guide to FOS enforcement would be good, I reckon. I have suggested to Nellie that she doesn't let Norton see our calculations just yet, as I always prefer to see what THEY offer, first. Sometimes, this is more than we are expecting - in which case, we deffo do NOT show them our figures !!!

But, as DIB and Wendy suggest, we may need to remind them that we already have the data they need in response to a DSAR, and they are welcome to it if they are having 'difficulties.'

But, seeing as the FOS has now got back to Nellie, then this may now clear the blockage. If threatening court enforcement, I always like to remind them that "Clearly, your conduct thus far will not be seen in a favourable light, should settlement of this matter need to be further enforced by the FOS, or a court of law."

FWIW, the 8% SI means that this claim is increasing by £1.62 per day - for every day that they delay settlement. Also - the FOS will often direct that the PPI mis-seller pays additional compensation as part of the settlement, and their conduct here makes this seem likely. It may be worth mentioning this to the FOS - I have seen £500 awarded, and maybe even larger amounts are possible.

[nelliewops]

Re: Need help enforcing FOS PPI Final Decision please!

Hi Bill

Thanks for your post and your email I have to agree with your recommendation that we don't show our hand so to speak regarding the actual sums involved.

Ame's guidance regarding the enforcement aspect is most helpful and I agree a guide is needed just in case I (or others unfortunate enough to be in this position either now or in the future) need it.

Hopefully the FOS will be as good as their word and continue to chase Norton, but I can't help feeling that they have very little influence when it comes to companies like Norton and Swift who seem to think themselves above the law.

I'm going to do further work on my letter to Norton over the weekend and hope to get it sent off on Monday - I still think regardless of possible intervention by the FOS that a further bomb up their behind wouldn't go amiss

Regarding the FOS awarding compensation - this was dealt with in their Final Decision - £200 was awarded for the stress and inconvenience caused - this measure of compensation apparently reflects the fact that Norton rejected a complaint they knew (or should have known) the FOS would uphold.

Mind you with all their continued delaying over this, I'm beginning to think that £200 lets them off pretty lightly!

Massive thanks again Bill for all your help with this!!!

Nellie x